Food Advertising and Marketing Law Master Symposium

Apr 11, 2019 7:30am - 5:00pm

$1,395

Speakers

Danielle B. Lemack
Assistant General Counsel
HP Hood LLC (Lynnfield, MA)

Ebru Başaran-Shull
Principal, Compliance and Government Affairs
Sargento Foods Inc. (Plymouth, WI)

Livia M. Kiser
Partner
King & Spalding (Chicago, IL)

Jo E. Osborn
Vice President and Assistant General Counsel
TreeHouse Foods, Inc. (Oak Brook, IL)

Matthew R. Dornauer
General Counsel
Phusion Projects, LLC (Chicago, IL)

Lindsey K. Heinz
Partner
Shook, Hardy & Bacon L.L.P. (Kansas City, MO)

Alysse M. Giallourakis
Senior Corporate Counsel, Advertising
The J.M. Smucker Company (Orrville, OH)

Jason W. Gordon
Partner
Reed Smith LLP (Chicago, IL)

Richard Fama
Vice Chair, General Litigation
Cozen O’Connor (New York, NY)

Beatrice Martinet
Partner
Sideman & Bancroft LLP (San Francisco, CA)

David G. Mallen
Co-Chair, Advertising Disputes
Loeb & Loeb LLP (New York, NY)

Rick L. Shackelford
Shareholder
Greenberg Traurig LLP (Los Angeles, CA)

Adam Ekonomon
Vice President and Deputy General Counsel, Marketing and Regulatory
The J.M. Smucker Company (Orrville, OH)

Nadia Makki
Senior Counsel
KIND Snacks (New York, NY)

Raqiyyah Pippins
Partner
Arnold & Porter Kaye Scholer LLP (Washington, DC)

What is it about?

Having a thorough understanding of substantiating food-related claims is of critical importance to industry attorneys and regulatory executives. Additionally, collaborating with marketing departments efficiently as well as developing effective social media campaigns and ambassador programs are all essential tools for effective and compliant marketing and promotion.

Our comprehensive sessions on food advertising and marketing will provide an in-depth analysis of what counsel need to be aware of as they review product claims as well as strategies to employ in using consumers’ testimonials and developing sound social media campaigns.

Registration is now open. Book early to reserve your seat!
 

7:30
Registration and Continental Breakfast
8:30
Co-Chair’s Opening Remarks

Danielle B. Lemack
Assistant General Counsel
HP Hood LLC (Lynnfield, MA)

8:45
Working with Marketing: Strengthening Cooperation and Implementing Effective Internal Processes in the Food Industry to Establish a Comprehensive Claim Substantiation Program

Ebru Başaran-Shull
Principal, Compliance and Government Affairs
Sargento Foods Inc. (Plymouth, WI)

Livia M. Kiser
Partner
King & Spalding (Chicago, IL)

Jo E. Osborn
Vice President and Assistant General Counsel
TreeHouse Foods, Inc. (Oak Brook, IL)

  • Developing an early cross-communication strategy between R&D, Marketing, and Legal departments
  • Building a team: Standardizing a process of claim substantiation by committee that brings together different employee functions
  • Communicating effectively with claims team members so that they understand the risks of pursuing particular claims
  • Suggesting adjustments to claims language to reach the joint goal of developing a creative and a compliant claim
  • Benchmarking best practices on claim development
    • Is there a suggested software that can help with tracking changes made for each claim?
    • Should every piece of marketing material be reviewed?
      • How often should legal department be involved? Should law department look at a claim first or last? Should a meeting with legal be on a monthly basis or more often? Should this be a regulatory function instead?
      • Should there be a claims counsel who should approve everything?
9:45
Managing Social Media Marketing Campaigns Related to Food Products

Matthew R. Dornauer
General Counsel
Phusion Projects, LLC (Chicago, IL)

Lindsey K. Heinz
Partner
Shook, Hardy & Bacon L.L.P. (Kansas City, MO)

  • Drafting a comprehensive and actionable social media policy for bloggers, employees and affiliates
  • How should a company negotiate and guide a business partner to manage social media campaigns?
  • Examining the consequences of when consumers retweet information on a product?
  • How does blogging on a product by a customer compare to TV ads?
  • Exploring potential liabilities: What should manufacturers understand about the use of websites as extensions of marketing campaigns?
  • Establishing protocols for the appropriate use of native advertising
10:45
Networking Coffee Break
11:00
Ensuring the Proper Use of Testimonials and Ambassador Programs for the Food Industry

Alysse M. Giallourakis
Senior Corporate Counsel, Advertising
The J.M. Smucker Company (Orrville, OH)

Jason W. Gordon
Partner
Reed Smith LLP (Chicago, IL)

  • Developing best strategies for engaging and contracting with influencers
  • Ensuring that the influencers’ content is compliant with FTC guidelines
  • How to make a disclosure of endorsement on Facebook, Twitter, and other popular social media forums?
  • Addressing challenges associated with individuals who are part of a company’s ambassador program
    • What concerns does FTC have with regards to ambassador programs?
  • Developing strategies for monitoring correctly food bloggers and third-party retailers who want to market a manufacturer’s food product
  • Ensuring appropriate use of consumer-generated content
    • E.g., consumer posting a picture of eating a particular product on social media
12:00
Networking Luncheon
1:00
Practical Guidance for the Food Industry for Avoiding False and Misleading Advertising

Richard Fama
Vice Chair, General Litigation
Cozen O’Connor (New York, NY)

Beatrice Martinet
Partner
Sideman & Bancroft LLP (San Francisco, CA)

Danielle B. Lemack
Assistant General Counsel
HP Hood LLC (Lynnfield, MA)

  • In the face of uncertainty around exact statements that can be made, what are the best strategies to avoid misleading advertising?
  • Complying with disclosure requirements in order to not mislead or deceive
  • Evaluating how high-profile ingredients (e.g., vitamins, proteins, fruits, and vegetables) can be emphasized effectively as opposed to/in addition to predominant ones
  • Implementing effective ways for handling added sugar claims (e.g., no added sugar, no high-fructose corn syrup)
  • Developing best strategies for making health-related claims (e.g., natural, healthy, organic, non-GMO)
2:00
Establishing Guidelines for Substantiating Sensory and Consumer Preference Claims

David G. Mallen
Co-Chair, Advertising Disputes
Loeb & Loeb LLP (New York, NY)

Rick L. Shackelford
Shareholder
Greenberg Traurig LLP (Los Angeles, CA)

  • Developing appropriate testing methods with respect to sensory perceptions relating to food
  • Examining the science behind testing
  • Developing proof for food fortification
  • Bridging the gap between legal and scientific testing requirements
3:00
Afternoon Coffee Break
3:15
Substantiating Health-Related Claims for Food Products

Adam Ekonomon
Vice President and Deputy General Counsel, Marketing and Regulatory
The J.M. Smucker Company (Orrville, OH)

Nadia Makki
Senior Counsel
KIND Snacks (New York, NY)

  • Review of FDA regulated claims
  • Assessing structure/function vs. disease claim determinations
  • Understanding how to properly use studies (number; type)
  • Implications of FTC v. POM Wonderful and US v. Bayer
  • Developing best practices to use study results to mitigate potential exposure to litigation surrounding alleged misleading claims
4:15
Special Considerations for the Food Industry to Keep in Mind When Advertising to Children

Raqiyyah Pippins
Partner
Arnold & Porter Kaye Scholer LLP (Washington, DC)

  • Ensuring that the parent is the focus of the ad and related claims as opposed to the child
  • Properly demonstrating a product to a child for the purposes of claims substantiation
  • Making sure that the necessary disclosures have been utilized when communicating with children-audience
  • Suggested strategies for ensuring endorsers meet the necessary substantiation requirements for advertising to children
  • Examining potential penalties in cases of alleged misrepresentations
  • Examples of recent advertisements that have been under scrutiny
5:00
Conference Ends